ICAOS Training 102-Transferring Supervision

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ICAOS Training 102-Transferring Supervision




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Presentations text content in ICAOS Training 102-Transferring Supervision

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ICAOS Training102-Transferring Supervision[Revision 12/1/2017-Includes Rules Effective 3/1/2018]Be Ready for a Test at the End.

Slide2

ICAOS Training Series101-Transfer & Reporting Instructions Eligibility102-Transferring Supervision103-Supervision in the Receiving State104-Reporting Behavior Requiring Retaking105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State106-Probable Cause Hearings

Slide3

Cycle of a Compact Case

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Training ObjectivesTransfer Request RequirementsInvestigation PeriodRequesting Reporting InstructionsReply to Transfer RequestNotice of Departure & Notice of ArrivalReturn of Offenders

Slide5

Purpose of ICAOSPromote Public SafetyProtect the Rights of VictimsEffective Supervision/RehabilitationControl Movement of OffendersProvide for Effective Tracking

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The Interstate Compact for Adult Offender SupervisionCourts, Parole Boards, Community Corrections & other Executive Agenciessubject to ICAOS rulesMUST enforce & effectuate the CompactDo you know your state’s statute?

Slide7

Transfer RequestCopy of signed Offender ApplicationInstant Offense DETAILS (Narrative)PhotoConditions of SupervisionFinancial Obligations (order by Court)Supervision history (only if currently on supervision for more than 30 calendar days)PSI (if it exists or is not prohibited for distribution)

If Applicable:

Sex

offender registration requirements

Orders of restriction

Known protective orders

Known gang affiliation

Prison discipline and mental health history of last 2 years

Rule 3.107

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MandatoryResident or Resident Family 99% of Mandatory TransfersDiscretionarySuccessful Completion of SupervisionPublic SafetyRehabilitation of Offenders Protect Rights of Victims

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Valid Plan of Supervision-Required for ALL Transfers!Why is the offender going to be more successful in the Receiving StateDescribe support systemMeans of supportLiving situationVerified Information

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Accurate/RelevantDetailed (no abbreviations)VERFIED!!Use the justification to illustrate how the reason for transfer and plan of supervision in the receiving state was verifiedEnsure information provided is:

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Transfer Request#1 Add criminal case information#2 Add offenses to case NCIC code or use drop-down#3 Attach details of offense

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Transfer Request

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“Sex Offender”Eligible “Offender” by Compact definitionSubject to supervisionRequired to register in EITHER the sending state or receiving stateRule 1.101 definitions

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Transfer Request-Sex OffenderIf Available:Assessment InformationSocial HistoryInformation relevant to the offender’s criminal sexual behaviorLaw Enforcement ReportVictim InformationDemographicsStatementSupervision/Treatment plan - current or recommended

Rule 3.101-3

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Pre-Release TransferSubmit request within 120 calendar days prior to release dateSending state shall notify receiving state if the planned release date changesor if release date has been withdrawn or deniedRule 3.105

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Transfer RequestLast Chance to Delete

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Transfer RequestEmail is sent to Supervisor for review

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Transfer RequestCheck activity status using the Compact Workload

Per Rule 3.104 a Transfer Request must be responded to within 45 days

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Investigation Period45 Calendar days following receipt in the Receiving State’s Compact OfficeRule 3.104

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No Travel Prior to Transfer ReplyThe offender SHALL NOT proceed to the receiving state.Advisory Opinion 9-2006 & 3-2004: If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer.Rule 3.102

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ExceptionsOffender qualifies for Reporting Instructions NEXT SLIDEBorder State Situations-Medical Appointments/Outpatient Treatment or EmploymentMust return dailyTravel limited to appointment or employmentInform via the Transfer Request

Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106

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Offender must qualify for Reporting InstructionsRule 3.101-1 (new documentation requirements!!), 3.101-3, 3.103 & 3.106

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Sex OffendersNo travel permit w/o approved reporting instructions

Rule

1.101 & 3.101-3

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Reporting Instruction TimeframesReceiving StateSending State2 business days to respond to all RFRIs5 business days for sex offendersSend timely Transfer Request15 business days 7 business days after approved expedited reporting instructions

Rule 3.101-1, 3.101-3,

3.103

& 3.106

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Transfer Request Reply

Access activity from Assistants, Compact Workload or Offender Profile

Email is sent to user assigned

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Transfer Request ReplyOffender Profile: Action Items

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Transfer Request Reply

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Transfer Request ReplyAccepted

Rejected

Rule 3.104-1

-Valid for 120 calendar days

-Be specific

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Reject an Incomplete Transfer RequestBe specific on what is missing from the Transfer Request.Sending State caneasily update the TROffenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days

Compact Office Function!!

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Improper RejectionsOffenders with disabilities (Rule 2.108)Offenders with pending charges (obtained before or during investigation period; AO 8-2005)Incorrect ICOTS user assignedWrong County/UnitSpecialized OfficerUndocumented immigrant (AO 13-2006)Section 8 housing (AO 2-2007)Discretionary Cases without addressing the justification (3.101-2)

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Transfer Request Reply

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Transfer Request Reply

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Approved Transfer ReplyReceiving State’s Compact Office Transmits ReplyEmail is generated to sending state usersCompact Office, PO Supervisor & POActivity History (Offender Profile) reflects the decision of the Transfer ReplySending state should be sure to review the pdf and attachments for details

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Additional Document RequestsReceiving StateSending StateMay request documents necessary for supervision upon acceptance

Transfer Reply or

Compact Action Request

Must provide documents within

30 calendar days

Rule 3.107

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Notices of Departure & ArrivalFastest Processes in ICOTS!Sending StateReceiving State

NOD when offender departs

Notice

of Arrival

when offender arrives and reports as instructed.

Officer

becomes the ‘supervising user’ in ICOTS

Notice of Failure to Report if offender failed to report within 5 business days after departing sending state.

Rules 3.104-1 & 4.105

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Return after Transfer RejectionTransfer Request TRULY Rejected or Failed to submit Complete Transfer Request AND Offender has arrived in Receiving state via Reporting Instructions

Receiving State

Sending State

Initiates

return by requesting reporting instructions within 7 business days of

rejection

Provide specific reason for return

CONTINUE

supervision until

departure or issuance of sending state’s warrant

NOD & CCN-when offender

departs

RI’s

must be APPROVED

Report

Date-within 15 business days of return reporting instructions request

NOA-When

offender arrives

Failed to Return-Issue

Warrant

Rules 3.101-1, 3.103, 3.106 & 4.111

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Workflow for ALL ReturnsReceiving StateRequest RI'sSpecify reason for return!NOD & CCN upon departureSupervisory Authority EndsSending StateRespond to RFRI (2 days)NOA confirm arrivalFailed to arrive? Issue WarrantCCN ResponseCASE CLOSED

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LiabilityLiable is defined by Webster as “Legally obligated; responsible…”All compact member states can be held liable for circumventing or violating the ICAOS rules.ICAOS rules are federal law and there is a legal obligation to follow and enforce the rules as written.

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Scenario #1An offender transferring to another state is subject to registration as a sex offender in the sending state but is not required to register as a sex offender in the receiving state. This offender is still considered a sex offender by compact definition.TrueFalse

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Scenario #2The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving state’s compact office.204560120

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Scenario #3An offender who has been under supervision for the last 2 years has been allowed to work at a job which requires him to cross a state line each day to get to his employment. The offender recently finds an apartment in the other state that is 15 minutes closer to his job and cheaper rent. The offender meets eligibility requirements for transferring supervision under the Compact but does not meet eligibility for reporting instructions. Although the sending state indicated on the transfer request the offender travels daily for work purposes only, the receiving state can reject the transfer due to the offender traveling to their state for his employment.TrueFalse

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Scenario #4An offender with approved reporting instructions is in the receiving state during the investigation. Subsequently, the transfer request is denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) To track and facilitate the return of the offender back to the sending state, the receiving state must request returning reporting instructions within ___ business days of the transmission of the rejection.271015

Slide43

Questions


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